Extradition Act (S.C. 1999, c. 18)

Marginal note:When order not to be made

• 46 (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that

  • (a) the prosecution of a person is barred by prescription or limitation under the law that applies to the extradition partner;

  • (b) the conduct in respect of which extradition is sought is a military offence that is not also an offence under criminal law; or

  • (c) the conduct in respect of which extradition is sought is a political offence or an offence of a political character.

• Marginal note:Restriction

  (2) For the purpose of subparagraph (1)(c), conduct that constitutes an offence mentioned in a multilateral extradition agreement for which Canada, as a party, is obliged to extradite the person or submit the matter to its appropriate authority for prosecution does not constitute a political offence or an offence of a political character. The following conduct also does not constitute a political offence or an offence of a political character:

  • (a) murder or manslaughter;

  • (b) inflicting serious bodily harm;

  • (c) sexual assault;

  • (d) kidnapping, abduction, hostage-taking or extortion;

  • (e) using explosives, incendiaries, devices or substances in circumstances in which human life is likely to be endangered or serious bodily harm or substantial property damage is likely to be caused; and

  • (f) an attempt or conspiracy to engage in, counselling, aiding or abetting another person to engage in, or being an accessory after the fact in relation to, the conduct referred to in any of paragraphs (a) to (e).